American flag and old church steeple reflect separation of church and state Photo Credit: Bobkeenan Photography
To read press coverage about it, one might think that religious freedom is a concern only for religious and political conservatives, and not one of the most liberatory ideas in history. One would also think religious freedom and civil rights are at odds with one another. Indeed, U.S. history is filled with examples of such competing claims, as resistance to everything from African American civil rights to marriage equality have been cast as matters of religious freedom. But stepping back from the heat of our political moment, there is a different, more fully accurate, story to be told, one I think that as progressives, we need to know and be able to tell.
Religious freedom is a powerful ideathe stuff from which revolutions are sometimes made. It includes the right of individual conscienceto believe or not believe as we choose, without undue influence from government or powerful religious institutions, and to practice our beliefs free from the same constraints. Its no surprise that the first part of the First Amendment guarantees freedom of belief. The right to believe differently from the rich and powerful is a prerequisite for free speech and a free press. Grounding our politics, journalism, and scholarship in a clear understanding of what it means and where it came from could serve as both an inoculation and an answer to the distorted, self-serving claims of the Christian Right.
It was religious freedom that allowed for Quakers, evangelicals and Unitarians to lead the way in opposition to slavery in the 19th Century. Religious freedom also allowed Catholics and mainline Protestants to guide society in creating child labor laws early in the 20th Century, and later made it possible for religious groups and leaders to help forge wide and evolving coalitions to advance African American Civil Rights and womens equality, to oppose the Vietnam war, and eventually fight for LGBTQ civil and religious rights.
Such coalitions arent always easy. When North Carolina Disciples of Christ minister Rev. Dr. William Barber, a leader in the progressive Moral Mondays movement, was asked about squaring religious freedom and marriage equality, he looked to the lessons of history and the wisdom of his own religious tradition. Working within a coalition that had long included LGBTQ advocates, Barber noted that the Christian Right was trying to divide our ranks by casting doubt either among the LGBTQ community or among the African American community about whether our moral movement truly represented them.
In the last century the NAACP had faced a similar challenge over the question of restrictions on interracial marriage. They ultimately opposed the bans, he wrote, as a matter of upholding the moral and constitutional principle of equal protection under the law. Faced with yet another fear-based tactic today, Barber wrote, our movements response had to be the same. He found his response in the First Amendment, which guarantees the right of churches, synagogues, and mosques to discern for themselves what God says about marriage, free from governmental attempts to enforce its preferred religious doctrines.
The Revolutionary era Virginians who created our approach to religious freedom, understood religious freedom to be synonymous with the idea of the right of individual conscience. James Madison wrote that when the Virginia Convention of 1776 issued the Virginia Declaration of Rights (three weeks before the Declaration of Independence), the delegates removed any language about religious toleration and declared instead the freedom of conscience to be a natural and absolute right. Madison was joined in supporting the rights of conscience by evangelical Presbyterians and Baptists who also insisted on a separation of church and state for fear that mixing would corrupt both.
Invoking the words of the Founders may seem hokey or sound archaic to some. But they knew that the freedom they were seeking to establish was fragile, and likely to be opposed in the future. Understanding the thru-line that connects the struggles for religious freedom at the founding of the country to todays helps us fight to defend the principle from redefinition and cooptation.
Such an understanding helped the United States Commission on Civil Rights in 2016 when it issued a major report on issues involving religious exemptions from the law. "Religious liberty was never intended to give one religion dominion over other religions or a veto power over the civil rights and civil liberties of others," said Commission Chair Martin R. Castro, who also further denounced the use of religious liberty as a "code word" for "Christian supremacy."
The Commission found that overly broad religious exemptions from federal labor and civil rights laws undermine the purposes of these laws and urged that courts, legislatures, or executive agencies narrowly tailor any exemptions to address the need without diminishing the efficacy of the law.
Religious freedom advocates of the colonial era faced powerful entrenched interests who actively suppressed religious deviance and dissent that might upset their privileges. In the Virginia colony attendance was required at the Sunday services of the Church of England, and failure to attend was the most prosecuted crime in the colony for many years. Members of church vestries were also empowered to report religious crimes like heresy and blasphemy to local grand juries. Unsurprisingly, the wealthy planters and business owners who comprised the Anglican vestries were able to limit access to this pipeline to political power. Dissenters from these theocratic dictates were dealt with harshly. In the years running up to the Revolution, Baptists and other religious dissidents in Virginia were victims of vigilante violence. Men on horseback would often ride through crowds gathered to witness a baptism, historian John Ragosta reports. Preachers were horsewhipped and dunked in rivers and ponds in a rude parody of their baptism ritual Black attendees at meetings whether free or slave were subject to particularly savage beatings.
This was the context in which Jefferson drafted the Virginia Statute for Religious Freedom in 1777, which took nearly a decade to become law. The statute effectively disestablished the Anglican Church as the state church of Virginia, curtailing its extraordinary powers and privileges. It also decreed that citizens are free to believe as they will and that this shall in no wise diminish, enlarge, or affect their civil capacities. The statute was the first in history to self-impose complete religious freedom and equality, and historians as well as Supreme Court justices widely regard it as the root of how the framers of the Constitution (and later the First Amendment) approached matters of religion and government.
The principle of religious equality under the law was a profoundly progressive stance against the advantages enjoyed and enforced by the ruling political and economic elites of the 18th Century. Then, for example, as John Ragosta writes in Religious Freedom: Jeffersons Legacy, Americas Creed, Marriages had to be consecrated by an Anglican minister, making children of dissenters who failed to marry within the Church of England (or pay the local Anglican priest for his cooperation) subject to claims of bastardy, with potentially serious legal consequences.
Such abuses may seem like a relic of the past, but in recent years some Christians have tried to outlaw the religious marriages of others. In 2012 Christian Right advocates in North Carolina sought to build on existing laws limiting marriages to heterosexual couples by amending the state constitution, using language that would effectively criminalize the performance of marriage ceremonies without a license. This meant that clergy from varied religious traditions, from Judaism to Christianity to Buddhism, would be breaking the law if they solemnized religious marriage ceremonies for same-sex couples. And the motive was explicitly religious. State Senator Wesley Meredith, for example, cited the Bible in explaining, We need to regulate marriage because I believe that marriage is between a man and woman.
This issue was part of the 2014 case General Synod of the United Church of Christ vs. Resinger, wherein a federal judge declared that laws that deny same-sex couples the right to marry in the state, prohibit recognition of legal same-sex marriages from elsewhere in the United States, or threatens clergy or other officiants who solemnize the union of same-sex couples with civil or criminal penalties were unconstitutional. It was an historic victory for a progressive version of religious liberty but one soundly rooted in the history of religious freedom. Clergy could now perform same-sex marriage ceremonies without fear of prosecution," said Heather Kimmel, an attorney for the UCC.
Jefferson and his contemporaries saw religious freedom as the key to disentangling ancient, mutually reinforcing relationships between the economic and political interests of aristocrats and the institutional imperatives of the church: what Jefferson called an unholy alliance of kings, nobles, and priestsmeaning clergy of any religionthat divided people in order to rule them. His Virginia Statute for Religious Freedom was intended to put down the aristocracy of the clergy and restored to the citizens the freedom of the mind.
A quarter-millennium later, we are still struggling to defend religious freedom against erosion and assaults by powerful religious institutions and their agents inside and outside of government. Aspiring clerical aristocrats debase the idea of religious freedom when they use it as tool to seek exemptions from the generally applicable laws of the United Statesparticularly those that prohibit discrimination.
Religious freedom and civil rights are complementary values and legal principles necessary to sustain and advance equality for all. Like Rev. Barber, we must not fall for the ancient tactic of allowing the kings, nobles and priests of our time to divide and set us against one another.
We have come a long way since the revolutionaries who founded our country introduced one of the most powerfully democratic ideas in the history of the world. The struggle for religious freedom may never be complete, but it remains among our highest aspirations. And yet the kinds of forces that struggled both for and against religious freedom in the 18th Century are similar to those camps today. We are the rightful heirs of the constitutional legacy of religious freedom; the way is clear for us to find our voices and to reclaim our role.
This article will appear in the Winter issue of The Public Eye magazine.
Frederick Clarkson is a senior fellow at Political Research Associates and a member of the Public Eye editorial board. He is the editor of Dispatches from the Religious Left: The Future of Faith and Politics in America, and the author of Eternal Hostility: The Struggle Between Theocracy and Democracy.
See original here:
Religious Freedom Is a Progressive Value - AlterNet
- if democracy and freedom got in the way of making money in the USA would they be eradicated? - November 8th, 2009 [November 8th, 2009]
- 1984 by George Orwell? - November 8th, 2009 [November 8th, 2009]
- Propaganda in 1984 by George Orwell? - November 8th, 2009 [November 8th, 2009]
- If America supports freedom and democracy, why have we done the following? - November 8th, 2009 [November 8th, 2009]
- Another fine example of Bush supporting freedom and democracy? - November 8th, 2009 [November 8th, 2009]
- Do you think that people have the right to the freedom of thought without influence anymore? - November 8th, 2009 [November 8th, 2009]
- Forrest Gump - Need a thesis relating to freedom and democracy? - November 8th, 2009 [November 8th, 2009]
- 1984 by George Orwell’s statement? - November 8th, 2009 [November 8th, 2009]
- How do you spread freedom and democracy without being in contradiction with the terms? - November 8th, 2009 [November 8th, 2009]
- What’s the difference between democracy and freedom? - November 8th, 2009 [November 8th, 2009]
- 3. The American Solution - November 8th, 2009 [November 8th, 2009]
- 4. Relating to Images - November 8th, 2009 [November 8th, 2009]
- 5. Representing Images - November 8th, 2009 [November 8th, 2009]
- 6. Exploring Images - November 8th, 2009 [November 8th, 2009]
- 7. Understanding Images - November 8th, 2009 [November 8th, 2009]
- 8. Acting Upon Images - November 8th, 2009 [November 8th, 2009]
- 9. The Paradigm Shift to Generativity - November 8th, 2009 [November 8th, 2009]
- 1. Totalitarianism and Variability - November 8th, 2009 [November 8th, 2009]
- 2. Freedom and Changeability - November 8th, 2009 [November 8th, 2009]
- 3. The Freedom Culture - November 8th, 2009 [November 8th, 2009]
- New Web Special: China and 60 Years of Communist Party Rule - November 8th, 2009 [November 8th, 2009]
- Cuban Regime Intensifies Opposition Crackdown with Sham Trial - November 8th, 2009 [November 8th, 2009]
- Postponing Dalai Lama Meeting Sends Wrong Message - November 8th, 2009 [November 8th, 2009]
- Freedom House Sends High-Level Delegation to Egypt - November 8th, 2009 [November 8th, 2009]
- Detained Syrian Opposition Figure Must Be Immediately Released - November 8th, 2009 [November 8th, 2009]
- Activist's Upheld Conviction a Troubling Sign for Justice in Kazakhstan - November 8th, 2009 [November 8th, 2009]
- Tunisia's Electoral Process Severely Damaged by Pre-Election Rights Violations - November 8th, 2009 [November 8th, 2009]
- Lifting of EU Arms Embargo on Uzbekistan Sends Wrong Message on Human Rights - November 8th, 2009 [November 8th, 2009]
- Pakistan Assembly Urged to Reject Restrictive Amendments to Press Law - November 8th, 2009 [November 8th, 2009]
- Freedom House Launches Web Feature on Fall of Berlin Wall - November 8th, 2009 [November 8th, 2009]
- Resolutions on Defamation of Religions Do Not Belong at United Nations, Organizations Say - December 13th, 2009 [December 13th, 2009]
- Bloggers' Jailing Threatens New Media's Emergence in Azerbaijan - December 13th, 2009 [December 13th, 2009]
- Support Chinese Human Rights Activists, Freedom House Tells Obama on Eve of Visit - December 13th, 2009 [December 13th, 2009]
- UN Should Pass Resolution Condemning Iran Human Rights Abuses - December 13th, 2009 [December 13th, 2009]
- Congress Urged to Lift Ban on U.S. Travel to Cuba - December 13th, 2009 [December 13th, 2009]
- Filipino Massacre Reflects Climate of Impunity - December 13th, 2009 [December 13th, 2009]
- Switzerland Vote Disappointing Blow to Religious Freedom - December 13th, 2009 [December 13th, 2009]
- Freedom House Launches Campaign to Defend Freedom of Expression - December 13th, 2009 [December 13th, 2009]
- Poll Shows Zimbabweans Want Elections and Democratic Constitution - December 13th, 2009 [December 13th, 2009]
- Clinton Speech Signals Greater Emphasis on Human Rights in U.S. Policy - December 16th, 2009 [December 16th, 2009]
- The Prosperity Problem - January 5th, 2010 [January 5th, 2010]
- Freedom in the World 2010: Global Erosion of Freedom - January 12th, 2010 [January 12th, 2010]
- Freedom House Congratulates Memorial on Human Rights Award - January 13th, 2010 [January 13th, 2010]
- Recent Blogger Arrests a Troubling Trend in the Middle East/North Africa Region - January 13th, 2010 [January 13th, 2010]
- Freedom House Calls Upon the Government of Uzbekistan to Release its Jailed Activists - January 13th, 2010 [January 13th, 2010]
- Citing Iran Crackdown, Freedom House Launches Net Freedom Initiative - January 13th, 2010 [January 13th, 2010]
- Google Response to Chinese Cyber-Attacks Appropriate - January 14th, 2010 [January 14th, 2010]
- Ombudsman Statements Reflect Culture of Intimidation in Chechnya - January 15th, 2010 [January 15th, 2010]
- Bloggers Stifled Again in Egypt - January 15th, 2010 [January 15th, 2010]
- Google Applauded for Stance on China Internet Censorship - January 16th, 2010 [January 16th, 2010]
- Latest Convictions Reflect Crackdown on Freedom of Expression and Association in Vietnam - January 21st, 2010 [January 21st, 2010]
- Integrity of Elections in Sri Lanka Endangered, Says Freedom House - January 22nd, 2010 [January 22nd, 2010]
- Freedom House Welcomes Clinton Speech on Internet Freedom - January 23rd, 2010 [January 23rd, 2010]
- Group wants same military benefits for gay spouses - Washington Times - March 8th, 2010 [March 8th, 2010]
- Va. health bill could foil Obama proposal - Boston Globe - March 8th, 2010 [March 8th, 2010]
- THE VA FIRST INTERNAL EVIDENCE OF CHANGE FOR GULF WAR VETERANS OF 1990-91 DOES ... - Veterans Today Network - March 8th, 2010 [March 8th, 2010]
- Freedom Driver System Receives Medical Device CE Mark - Today's Medical Developments - March 8th, 2010 [March 8th, 2010]
- NxStage Announces New FREEDOM Data Showing the Positive Impact of its Daily ... - CNNMoney.com (press release) - March 8th, 2010 [March 8th, 2010]
- Phil Lewis: Coach fumbles lesson on freedom of the press - Naples Daily News - March 8th, 2010 [March 8th, 2010]
- Report: Prescription drug prices vary drastically in NY - Poughkeepsie Journal - March 8th, 2010 [March 8th, 2010]
- Bill Bell: Surgeon models success on international scale - Whittier Daily News - March 8th, 2010 [March 8th, 2010]
- Justin Trottier: Time to call time on homeopathy - National Post (blog) - March 8th, 2010 [March 8th, 2010]
- Voice of the Day Initiative would aid rights of patients - News-Leader.com - March 8th, 2010 [March 8th, 2010]
- Free Speech under Attack in Morocco - March 11th, 2010 [March 11th, 2010]
- Freedom House, Russian Rights Groups Announce New Partnership - March 11th, 2010 [March 11th, 2010]
- Egyptian Government Must Live Up To Its Human Rights Commitments in Geneva - March 11th, 2010 [March 11th, 2010]
- Global Human Rights Advocates Meet With President Obama on U.S. Human Rights Agenda - March 11th, 2010 [March 11th, 2010]
- Death of Political Prisoner in Cuba Exposes Systemic Prison Maltreatment and Torture - March 11th, 2010 [March 11th, 2010]
- New Study Finds Gains for Women's Rights in the Middle East - March 11th, 2010 [March 11th, 2010]
- Egyptian Government Continues to Use Emergency Law to Crack Down on Freedom of Speech - March 11th, 2010 [March 11th, 2010]
- Human Rights Advocates Issue Plan of Action as Human Rights Council Meets in Geneva - March 11th, 2010 [March 11th, 2010]
- Sri Lankan Government Heightens Intimidation Campaign Against Voices of Dissent - March 11th, 2010 [March 11th, 2010]
- Nigerian and Indonesian Activists Challenge Repressive Measures in "Defamation of Religions" Debate - March 11th, 2010 [March 11th, 2010]
- Healing Healthcare: Restore Medical Freedom - Gather.com - March 15th, 2010 [March 15th, 2010]
- Putting the "I" back in medicine - McGill Daily - March 15th, 2010 [March 15th, 2010]
- Freedom House Calls on Kyrgyz Government to Loosen Controls on Media - March 16th, 2010 [March 16th, 2010]
- Talking Points - FOXNews - March 17th, 2010 [March 17th, 2010]
- The Battle Over Health Care At America's Medical Schools - FOXNews - March 17th, 2010 [March 17th, 2010]
- News Article Ceremony Honors Fallen Medical Servicemembers - Department of Defense - March 17th, 2010 [March 17th, 2010]
- Vietnam Temporarily Frees Prominent Catholic Priest - Christian Post - March 17th, 2010 [March 17th, 2010]